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STATE FARM FIRE & CAS. CO. v. POWELL

No. 9806.

529 S.W.2d 666 (1975)

STATE FARM FIRE & CASUALTY COMPANY, Appellant, v. Charles and Ilene POWELL, Respondents.

Missouri Court of Appeals, Springfield District.

October 30, 1975.

Attorney(s) appearing for the Case

Albert C. Lowes, David G. Beeson, Buerkle, Buerkle & Lowes, Jackson, for appellant.

Weber Gilmore, Gilmore & Gilmore, Sikeston, for respondents.

Before BILLINGS, C. J., and STONE and TITUS, JJ.

BILLINGS, Chief Judge.

This is an appeal from dismissal of an action for a declaratory judgment in which plaintiff State Farm Fire and Casualty Company sought to have an insurance policy issued to defendants Charles and Ilene Powell declared void because of alleged material misrepresentations in the application for the policy. Plaintiff contends the trial court's dismissal was an abuse of discretion and once having assumed jurisdiction the circuit court was duty-bound...

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